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Indiana Divorce Questions & Answers
1 Answer | Asked in Divorce for Indiana on
Q: What happens in a provisional order or in a initial hearing for divorce
Clarissa Finnell
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Clarissa Finnell
answered on Dec 11, 2017

The purpose of the provisional hearing is to issue temporary orders to follow while your divorce is pending. These orders may include: custody, parenting time, child support, spousal maintenance, possession of the marital residence and payment of financial obligations. It will not include a... View More

1 Answer | Asked in Divorce for Indiana on
Q: Can I change property divisions in the petition for dissolution versus the decree? I wanted his car now I dont.

I have already filed the petition asking for his car, now I do not want it because he paid for all of it without my income

Stephanie E. Emanuel
Stephanie E. Emanuel
answered on Dec 3, 2017

Are you working with a lawyer or representing yourself? You need to contact his attorney or himself if he does not have an attorney to discuss the situation, and I think since it just been filed, give him the chance to contest it, since he paid for the car using his money he would want to keep it.... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Indiana on
Q: If mother has sole physical and legal custody, and father has visitation, can she move across town ~25 miles?

Mother wants to get a new job and relocate to a better school district, once divorce is finalized. Can the father prevent that if he does not have physical and legal custody, but only supervised visitation. Does the court take a better school district into consideration?

Clarissa Finnell
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Clarissa Finnell
answered on Dec 1, 2017

If a parent wishes to relocate, the non-relocating parent is required to file a notice of intent to relocate with the court and serve the notice on the non-relocating parent. This applies to both the custodial and non-custodial parent. The requirement to file this notice applies to ALL relocations... View More

1 Answer | Asked in Divorce, Family Law and Child Support for Indiana on
Q: can the dad mandate that I drop kids on insurance so that he can place them on his new wife's family plan?

I have carried insurance past 5 years. Kids dad getting married and at that time wants them on his wife's plan stating its more reasonable because its free...its not free, they pay for family plan but its no more cost to add 3 more kids to her already existing plan. Her plan however is not as... View More

Clarissa Finnell
PREMIUM
Clarissa Finnell
answered on Nov 2, 2017

If the current court order is that you carry insurance, then your ex cannot force you to change insurance. He would need to file a motion to modify the current order with the court and would have the burden of proving why the modification is necessary.

1 Answer | Asked in Divorce, Child Custody and Child Support for Indiana on
Q: My wife and I have 2 kids. She got an abortion with news of 3rd, blew 10k in savings also. How do I start the proces

My wife decided on her own to get an abortion with news of our 3rd child. We are a Christian family and i am totally against this and she knows it. I told her i don't support her decision. A lot of little things added up over the years and this one big things has absolutely pushed me over the... View More

Clarissa Finnell
PREMIUM
Clarissa Finnell
answered on Oct 23, 2017

I assume you are asking how to start the divorce process. My suggestion is schedule a consultation with a family law attorney located in your area. During a divorce consultation, you should learn the basic process for filing divorce as well as what steps you may take to finalize it.... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Indiana on
Q: Is there any way I could send you a copy of my divorce papers so you can explain them to me.

He lives in Indiana and I live in Nevada. I think he's trying to pull a fast one on me.

Clarissa Finnell
PREMIUM
Clarissa Finnell
answered on Oct 23, 2017

If you do not fully understand the papers that were presented to you, then I recommend contacting a family law attorney to review them and explain them to you. If you do not necessarily want to retain an attorney to represent you throughout the entire process, it may still be worth your time to... View More

1 Answer | Asked in Divorce for Indiana on
Q: The divorce has been finalized for about 45 days. Neither party used an attorney.

My wife has told me that she plans to default on the mortgage, school loans, and credit card debt. Will (not can, but will) the debtors come after me?

Clarissa Finnell
PREMIUM
Clarissa Finnell
answered on Oct 19, 2017

What does your divorce decree say about payment of these debts? Is your Wife solely responsible for payment of the mortgage, student loans and credit card debt? If so, then you may have some remedies available to you through the Court that granted your divorce if she fails to pay. However, the... View More

1 Answer | Asked in Divorce for Indiana on
Q: If my boyfriend is getting a divorce from his wife and she has already moved out an I aloud to move in the home

She has moved and I was wondering if she could do anything about be living there.

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Sep 19, 2017

There's no law that says a divorced or even a married couple going through a divorce cannot cohabitate with others.

However, if the wife is still on the title of the house she can still have access to the house and even choose to continue staying there. If there is an interim order...
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1 Answer | Asked in Divorce for Indiana on
Q: Getting ready to get married in 4 days. I received my decree of dissolution of marriage can i get my marriage license?
Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Sep 15, 2017

Assuming you meet all the other requirements to marry your future spouse, yes, since you are now unmarried and officially divorced you can get married again.

1 Answer | Asked in Divorce for Indiana on
Q: How do I find out what is going on with my divorce? I paid the fee and turned in paper work and haven't heard anything.

I'm going through the process on my own.

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Sep 15, 2017

In Indiana you can check online through mycase.in.gov to see the status of the case. You can search by attorney name, party name or case number.

The easiest way to get an update is to contact the court you filed in and talk to the clerk. Call around or visit the courthouse to inquire about...
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2 Answers | Asked in Divorce and Family Law for Indiana on
Q: My ex decided to move almost 2 hours away from where his children live. Who is responsible for transportation?
Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Jul 30, 2017

Your child custody agreement or divorce decree should have these issues spelled out. If they do not and ther eis a dispute you need to go back to court and have this changed.

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1 Answer | Asked in Divorce, Personal Injury and Legal Malpractice for Indiana on
Q: My lawyer did nothing in my case was MIA FOR FOUR MONTHS

When we went to court the judge gave my ex every thing leaving me homeless and broke

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Jul 29, 2017

Consult with a malpractice attorney in your area and if you wish to file a grievance against him or her you can do so with the disciplinary commission.

1 Answer | Asked in Divorce for Indiana on
Q: I am divorced but still sharing the hone with my ex. Can I make him leave the home?
Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Jul 23, 2017

No, you cannot. If you own the home in your name only you can evict him like a landlord would. This should have been addressed in your divorce decree.

1 Answer | Asked in Divorce, Family Law and Child Custody for Indiana on
Q: My wife has left and has said she has paperwork ready to file, she has been caught several times with another married

Man. I have been primary care giver as i have been stay at home dad and going to college. Is there anything i can do to keep my kids from tbis other man and legally fight back without an income. She has cut me off saying her pay is hers and not ours? She has since started to stay at the home... View More

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Jul 17, 2017

You need to consult with a family law/divorce attorney in your area ASAP. Your attorney can address all of these issues but you need do this ASAP. I cannot stress that enough. If you are afraid your spouse will leave you impoverished as leverage in a divorce a divorce attorney can walk you through... View More

1 Answer | Asked in Divorce for Indiana on
Q: I have already filed for divorce and I brought a car is my wife intitled to half or any of it?
Alexander Florian Steciuch
Alexander Florian Steciuch
answered on May 16, 2017

It depends. Normally property that you acquire after the divorce proceedings have been started are not considered marital property for the judge to divide between the spouses. However, if the car was bought with funds that could be considered marital property, then the judge would be able to... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Civil Litigation for Indiana on
Q: my ex is keeping my kids from me against the court order! I have filed contempt charges several times & nothing happens

My ex has reported me as a suspect of a dbl homide, I was investigated and cleared, she has continued to contact police departments to have them harass me, she has been stalking me to find where I move to in order to send police to my home! I have move 3 times and every time with in one to two... View More

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Apr 18, 2017

You need to hire a child custody lawyer ASAP. If your ex is continuing to make false accusations and uses those accusations to prevent you from seeing your children against the court order but you cannot make a contempt charge stick then you need professional advice to figure out what is going... View More

1 Answer | Asked in Divorce for Indiana on
Q: Is there any chance of the Judge reversing any item of our Settlement Agreement, namely the Property provisions.

My wife and I agreed in writing to a divorce with a Settlement Agreement signed and notarized prior to filing for the divorce. All of the Settlement Agreement has had specific performance and completed...I am to get the property, A quit claim deed was created, signed, notarized, included in the... View More

Paul Stanko
Paul Stanko
answered on Apr 16, 2017

Any agreement made between the parties is subject to court approval. It is not a matter of the judge "reversing" your agreement.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Indiana on
Q: Divorce questions

If have a 401 K and my husband has a pension. Are these split equally when we divorce? Pension is more than the 401 K.

The house is paid off, if I stay in the house with all of the furniture and appliances can he trade these assets out for his tools and gun collection?

Can the house... View More

Paul Stanko
Paul Stanko
answered on Apr 16, 2017

If you have all of these assets, you both need lawyers. A 50/50 split is not required. The marital assets will be pooled and the court will have to decide on an equitable distribution if the parties can't come up with an agreement.

1 Answer | Asked in Divorce and Legal Malpractice for Indiana on
Q: How do I turn in a lawyer for bad practices

He had his assistant telling me to steal soon to be ex credit cards charging over 10,000 for nothing was recused at court now I have nobody to represent me

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Mar 27, 2017

You can report your lawyer for misconduct or bad practices to the Indiana Supreme Court Disciplinary Commission.

Here is the link to their website:

http://www.in.gov/judiciary/discipline/2373.htm

1 Answer | Asked in Divorce and Military Law for Indiana on
Q: I am currently in the USMC but my residency is Indiana. Can I file for divorce in Indiana even tho I'm stationed in NC?

We have only been married three weeks and I would like to end it now due to how controlling he is. We have nothing owned together and no children.

Robert Donald Gifford II
Robert Donald Gifford II
answered on Mar 21, 2017

If you maintained your residency under the Servicemembers Civil Relief Act, then yes. By that, I am assuming you kept that residence for the purposes of taxes (look at your LES to see where your state taxes are going), kept an Indiana DL, and Indiana plates on your car are all indicators you... View More

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